Legal Opinion

Barton v. Thompson

Supreme Court of Iowa

Decided October 5, 1881PublishedCited by 29 opinions

Appeal from Mitchell Oirrcuit Oov/rt. This is an action to recover damages for t*he alleged willfully and maliciously setting fire to and causing to be burned certain stacks of wheat of the plaintiff. There was a jury trial, resulting in a verdict and judgment for the defendant. The plaintiff appeals. This is the same case that was before the court upon a former appeal. See 46 Iowa, 30.

1Opinion of the Court

Day J.

1pr<m?)(fiNgixii wimu0¡u{l¿isaci-on'.1 I. The court instructed the jury, in substance, that evidence of the defendant’s prior good character was to be weighed and considered by them, and if therefrom a reasonable doubt was raised it was their duty to find for the defendant. In civil cases evidence of general character is not admitted unless the nature of the action involves the general character of the party, or goes directly to affect it. 1 Greenleaf on Evidence, Sec. 54, and authorities cited in note 3. But “ generally in actions of tort, where the defendant is charged with fraud from…

2Cases cited4 opinions

  1. Adams County v. B. & M. R. R.Supreme Court of Iowa · 1880
  2. Humphrey v. HumphreySupreme Court of Connecticut · 1828
  3. Ruan v. PerryNew York Supreme Court · 1805
  4. Barton v. ThompsonSupreme Court of Iowa · 1877

3Cited by29 opinions

  1. Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
  2. Johnson v. Cadillac Motor Car Co.Court of Appeals for the Second Circuit · 1919
  3. Searle v. Allstate Life InsuranceCalifornia Supreme Court · 1985
  4. Pennington v. GillaspieWest Virginia Supreme Court · 1910
  5. Lawson v. FordyceSupreme Court of Iowa · 1945

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